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STATE v. NUZMAN

C941149CR, C941159CR, and C941151CR; A120133 (Control) and A120145, A120419.

95 P.3d 252 (2004)

194 Or.App. 351

STATE of Oregon, Respondent, v. James Harold NUZMAN, Appellant.

Court of Appeals of Oregon.

Decided August 4, 2004.

Attorney(s) appearing for the Case

Tammy W. Sun, Deputy Public Defender, argued the cause for appellant. With her on the brief were Peter Ozanne, Executive Director, and Peter Gartlan, Chief Defender.

Laura S. Anderson, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

LANDAU, P.J.

Defendant appeals a judgment of conviction for three counts of felony criminal nonsupport, ORS 163.555. He argues that the state did not prove that he failed to pay child support "without lawful excuse," as the law requires. We agree and reverse.

The facts are not in dispute. In 1980, defendant and the child's mother divorced. The dissolution judgment did not order the payment of any child support for the sole minor child of the marriage. In 1985...

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